Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.030 Procedure generally.
17.04.060 Violation – Penalty.
17.04.010 Purpose.
The regulations contained in this title are designed to provide for the approval of plats, subdivisions, and dedications; and to provide a relatively expeditious, simple, and inexpensive procedure for the short subdivision of land which imposes different requirements than a regular subdivision; to encourage the most appropriate development of land throughout the city; to minimize traffic hazards and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land and undue concentration of population; to promote the coordinated development of vacant areas; to secure an appropriate allotment of land in new developments for requirements of community life; to conserve and restore natural beauty, other natural resources, and other public uses and requirements; and to enable conveying land by accurate legal description which may be simplified by reference to an approved short plat. (Ord. 337 § 1, 1984)
17.04.020 Scope.
A. No person, firm or corporation shall make a subdivision of any land area into five or more lots, plots, or tracts or make a dedication of any land as a public right-of-way except in accordance with the standards and conditions implied by the city council and payment of required fees.
B. No person, firm or corporation shall make a subdivision of any land area into four or less lots, plots, or tracts except in accordance with the standards and rules adopted by the city council, payment of all required fees, and approval of such short subdivision by the administrator for short subdivisions. (Ord. 337 § 2, 1984)
17.04.030 Procedure generally.
Any person, firm or corporation planning to subdivide any land or dedicate any public right-of-way shall file an application and make a payment to the city clerk of a fee as provided in the then applicable ordinances. The fee ordinance schedule is on file with the city clerk. (Ord. 337 § 3, 1984)
17.04.040 Ownership.
No lot, tract or portion of same shall be divided or sold, or ownership changed or transferred whereby the ownership is less than is shown on the face of the plat except by approved subdivision or short subdivision procedure. (Ord. 337 § 5, 1984)
17.04.050 Definitions.
The following definitions apply throughout this title:
A. “Administrator for short subdivision” means the administrative official or his designate.
B. “Cul-de-sac” means a dead-end street terminating in a circular area with a minimum diameter of 80 feet. The improved portion of the circular area shall be 64 feet in diameter.
C. “Dedication” means the deliberate setting aside of land by an owner for any general and public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a plat showing the dedication thereon, and the acceptance by the public shall be evidenced by the approval of such plat in the manner provided in this title.
D. “Easement” means a right given by a property owner of the use of a strip of land by the public, a corporation or persons for specific purpose or purposes. Minimum width or road easement shall be 20 feet with improved surface to be determined at the discretion of the administrative official.
E. “Improved roadway” means that portion of the street right-of-way which is surfaced with an asphaltic or better surface.
F. “Lot” means a fractional part of subdivided lands having fixed boundaries and being of sufficient area and dimension to meet minimum zoning requirements and having a minimum 75-foot frontage on a public right-of-way or a minimum 30-foot frontage on the circular portion of a cul-de-sac.
G. “Plat” means a map or pictorial representation of a subdivision.
H. “Short subdivision” means the division of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, transfer, or building development.
I. “Solar energy system” means any device or combination of devices or elements which rely upon direct sunlight as an energy source including but not limited to any substance or device which collects sunlight for use in:
1. The heating or cooling of a building;
2. The heating or pumping of water;
3. Industrial, commercial, or agricultural processes; or
4. The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. The uses include, but are not limited to, serving as a structural member, part of a roof, a window, or a wall of a building.
J. “Subdivision” means the division of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, transfer, or building development. (Ord. 337 § 7, 1984)
17.04.060 Violation – Penalty.
Any violation of this title or of the rules adopted as authorized in this title, is deemed a misdemeanor, and each day that the condition is permitted to continue is a separate offense. (Ord. 337 § 4, 1984)